Since POA is executed abroad it should be attested before Indian consulate
Can the POA created, notarized and apostille in USA, be registered with Sub Registrar in Mumbai, WITHOUT being attested by the Indian Consulate in USA. Per guidance by the Indian consulate in USA, the POA that is Apostilled in USA is perfectly valid to be executed in India, but they are leaving it to individual discretion if Indian consulate attestation is required or not.
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Yes, you can get the notarised power of attorney executed in USA to get it adjudicated in Mumbai, the attestation by Indian consulate is not necessary.
- Yes, the POA can be notarized and apostille in USA , and it is valid in India for all the purposes.
- However, the attestation from Consulate of India is necessary.
1. Yes, you are right. The POA created, Notarized and apostilled in USA be Adjudicated/Registered in the District/Sub Registrar's Office in Mumbai, without being attested by the Indian Consulate in USA.
2. The above procedure is being followed in Bengaluru.
i would like to know for what is the POA made?
is the POA made for registering certain document before a Sub-Registrar of Assurances under the Indian Registration Act?
for example - an owner would be living in the USA and has a property in Mumbai. The owner wishes to sell his Mumbai property and since he cannot remain personally present in Mumbai to complete the sale transaction and the registration formalities, he may want to appoint a constituted attorney/POA holder who would do the formalities on behalf of the owner
so the owner makes a POA in favour of certain individual in Mumbai and signs that POA before the notary public in the USA or before the Consular officer. Such a POA is perfectly valid.
if the POA is notarised in the USA and an apostille certificate is also got to verify the authority of the notary to perform the notorial act on the POA, then such POA is not again required to be attested by the Indian Consulate there
the duly notorised and apostilled POA would have to be accepted by the Sub-Registrar of Assurances in Mumbai without insisting for attestation by the Indian Consulate, since the POA is made in accordance with the Registration Act
A duly notarised PoA is enough. There is no need for any attestation from Indian diplomatic missions in the USA. The PoA executed there has to be either notraised or attested by the Indian mission.
As per the rules of the Indian Government, the Power of Attorney (POA) executed in a foreign country can be registered with the Sub-Registrar in Mumbai, India. However, if the POA is notarized and apostilled in the USA, it needs to be attested by the Indian Consulate in the USA before it can be registered in India. The Indian Consulate's attestation confirms the authenticity of the notarization and apostille, and it ensures that the POA is legally valid for use in India.
While the Indian Consulate in the USA may leave it to individual discretion whether or not to attest the POA, it is recommended to get it attested to avoid any legal issues in India. The attestation process by the Indian Consulate involves verifying the identity of the person executing the POA, verifying the notary public's signature, and confirming that the apostille is authentic.
In summary, it is advisable to get the POA attested by the Indian Consulate in the USA before registering it with the Sub-Registrar in Mumbai to ensure that the POA is legally valid and can be executed without any issues in India.
The General POA is for my wife, and executed by me in Mumbai, on my wife's behalf for leave and license agreement registration, as we both are joint owners of the flat to be rented. Is the Apostille document registered with Mumbai Sub Registrar, a legal document for leave and license agreement. Will Mumbai registrar accept the Apostille document to be registered without being attested by Indian consulate in USA. Asking this question again as some say it would accepted by Sub Registrar, some say no.
Since GPA is executed in Mumbai and registered with sub registrar office it would not require attestation before Indian consulate
attestation before Indian consulate would be required if document is executed abroad
Yes the District/Sub Registrar of the competent jurisdiction in Mumbai will accept the Apostilled document to be registered / adjudicated without being attested by Indian Consulate in USA.
Same procedure is being followed in Bengaluru also.
The general power of attorney deed can be notarized by a notary public of the country of your residence.
It is not mandatory to get it attested by an official of Indian embassy or to get it apostille.
The notarized deed can be accepted for adjudication by the sub registrar concerned.
Don't get confused by listening to various misguiding advices.
of what i understand from your follow up, your wife is the grantor of the POA and you are appointed as her constituted attorney for the purpose of complying with the registration formalities of the leave and license agreement
if the POA is made in Mumbai, then where is the question of signing it before the Indian Consulate?
your query is as confusing as it can be
anyway i am reproducing the relevant section in the Indian Registration Act with relevant portion highlighted. hope that helps
REGISTRATION ACT, 1908 Section 33 - Power-of-attorney recognizable for purposes of section 32
Section 33 - Power-of-attorney recognizable for purposes of section 32
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:--
(a) if the principal at the time of executing the power-of-attorney resides in any part of 1 [India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 2 [resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 1 [India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 3 [Indian] Consul or Vice-Consul, or representative 4 [***] of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:--
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
5 [Explanation.--In this sub-section "India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.
The acceptance of the Apostille document by the Sub Registrar for registration of the leave and license agreement would depend on the specific policies and procedures of the Sub Registrar's office. It is advisable to contact the Sub Registrar's office where the registration is to take place and inquire about their policies regarding the acceptance of Apostille documents.
In general, an Apostille document is a legal document that is recognized in India and can be used for the purposes for which it was intended. However, the Sub Registrar's office may have specific requirements for the registration of leave and license agreements, such as the need for additional attestation or verification of the document.
It is recommended that you consult with a local lawyer who is familiar with the policies and procedures of the Sub Registrar's office and can advise you on the best course of action for the registration of the leave and license agreement.